Danvir Yadav v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53520 of 2023 Applicant :- Danvir Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Kumar Srivastava,Aman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. and perused the record.

¶2The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.190 of 2023 under Sections 420, 467, 468, 471, 120-B IPC Police Station Subhash Nagar District Bareilly.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. The applicant is neither vendor, vendee nor witness of the alleged sale deed dated

31.12.2022. No amount was credited in the account of the applicant. The applicant is not a beneficiary of any illicit transaction. Apart from the instant case the applicant has criminal history of three more cases which are explained in paragraph 19 of the affidavit filed in support of the bail application. Co-accused Vijnesh has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.43305 of 2023, vide order dated 11.10.2023. The applicant is seeking parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since

24.08.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings

¶4On the other hand, learned AGA has vehemently opposed the prayer for bail but could not controvert the aforesaid factual matrix

¶5Considering the facts and circumstances of the case and taking into account that no amount was credited in the account of the applicant, the applicant is not a beneficiary of any illicit transaction, criminal history of the applicant has been explained, co-accused Vijnesh has already been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.43305 of 2023, vide order dated 11.10.2023 and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail

¶6Let applicant Danvir Yadav be released on bail in the above case crime number and on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-

(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.

(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.

(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.

(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.

(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.

(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned. (Renu Agarwal,J.) Order Date :- 13.12.2023 I.A.Siddiqui High Court of Judicature at Allahabad